The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (a fine of eight million won) against the defendant is too unhued and unfair.

Judgment

In light of the records and arguments of this case including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the court below's punishment cannot be deemed to be light in light of the following: (a) the defendant has been punished several times due to drinking driving; (b) the defendant was not among the persons during the period of probation; and (c) the above suspension of execution is a crime of a different kind; (d) the defendant has no record of being punished beyond the fine due to drinking driving; (e) the defendant was able to repent the defendant's mistake in depth; and (e) the court below's punishment cannot

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

[However, since it is obvious that "the previous conviction: investigation report (Attachment of a summary order of a suspect) and criminal records are omitted" in the summary column of evidence in the second page of the judgment of the court below, it shall be corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.]